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NY K85442




April 29, 2004

CLA-2-39:RR:NC:SP:237 K85442

CATEGORY: CLASSIFICATION

TARIFF NO.: 3904.69.1000

Mr. Thomas C. Lloyd
Dyneon LLC
6744 33rd Street North
Oakdale, Minnesota 55128

RE: Classification of Dyneon E-16138 and E-16146 perfluoroelastomers from Germany

Dear Mr. Lloyd:

In your letter dated April 21, 2004 you requested a tariff classification ruling for Dyneon E-16138 and E-16146 perfluoroelastomers in crumb form for use in manufacturing o-rings, gaskets and seals in the aerospace, semiconductor, chemical and oil industries.

Chapter 39, Additional U.S. Note 1 is relevant and states: For the purposes of this chapter, the term “elastomeric” means a plastic material which after cross-linking can be stretched at 20°C to at least three times its original length and that, after having been stretched to twice its original length and the stress removed, returns within five minutes to less than 150 percent of its original length. Based on the technical information and dumbbell samples submitted: Dyneon E-16138 and E-16146 perfluoroelastomers meet the requirements for “elastomeric” in Chapter 39, Additional U.S. Note 1.

The applicable subheading for Dyneon E-16138 and E-16146 perfluoroelastomers in crumb form will be 3904.69.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: polymers of vinyl chloride or of other halogenated olefins, in primary forms: fluoropolymers: other: elastomeric. The rate of duty is free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski

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